Rule 1036.Dismissal Upon Affidavit of Noninvolvement.

Adopted December 11, 2000 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 1036 supplies the procedure where a statute allows a party to be dismissed on an affidavit of noninvolvement, letting that party move to dismiss with the affidavit, allowing the opposing party limited discovery on involvement, and dismissing only if no prima facie case of involvement is shown.

Full Text of Rule 1036

Text sizeJump to: (a) (b) (c) (d) (e)

(a) As used in this rule, ‘‘action’’ means an action subject to an Act of Assembly which provides for dismissal of the action as to a party based upon an affidavit of noninvolvement.

(b) Any party seeking dismissal of the action shall file a motion to dismiss which shall have attached thereto the affidavit of noninvolvement.

(d) Upon reviewing the motion and any response thereto and determining the existence of a prima facie case for dismissal of the action as to a party, the court shall enter an order

(1) allowing any party opposing the motion

(i) to conduct limited discovery directed solely to the issue of involvement of any party seeking dismissal and

(ii) prior to the disposition of the motion, to file affidavits, depositions and such other evidentiary materials as would permit a jury to find that any party seeking dismissal was involved in any activities upon which the claim is based, and

(2) scheduling an argument to decide the motion.

(e) The argument shall be limited to the sole issue of whether any party opposing the motion has produced evidence which, when considered in a light most favorable to that party, would require the issue of the involvement of any party seeking dismissal to be submitted to a jury.

End

Plain-English Summary

This rule implements a statutory escape for a party who was not involved. Where an Act of Assembly provides for dismissal based on an affidavit of noninvolvement, a party seeking dismissal files a motion to dismiss with the affidavit attached, and any opposing party may respond.

The court tests for a prima facie case. If it finds a prima facie case for dismissal, it must enter an order allowing the opposing party limited discovery directed solely to the moving party’s involvement and the filing of evidentiary materials, then decides at argument whether the opposing party has produced evidence that, viewed favorably, would let a jury find involvement.

Frequently Asked Questions

What is an affidavit of noninvolvement?

A sworn statement, authorized by statute, by which a party seeks dismissal on the ground it was not involved in the events. The opposing party may take limited discovery on involvement before the court decides.

Official Note

Official Note: Actions pursuant to the following Acts of Assembly are within the scope of this rule: Section 7502 of the Judicial Code, 42 Pa.C.S. § 7502, an action for negligence against a construction design professional and Section 506 of the Medical Care Availability and Reduction of Error (Mcare) Act, 40 P. S. § 1303.506 a medical professional liability action naming a health care provider as a defendant.

Amendment History

The provisions of this Rule 1036 adopted December 11, 2000, effective January 1, 2001, 30 Pa.B. 6544; amended Aopril 2, 2003, effective June 1, 2003, 33 Pa.B. 1926. Immediately preceding text appears at serial pages (272399) to (272400).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: affidavit of noninvolvementdismissal noninvolvement